Venture Of Pacific

H1B Visa (Specialty Occupations)

For professionals in specialty fields such as IT, engineering, and healthcare.

The H1B Visa is a non-immigrant visa that allows U.S. companies to employ foreign professionals in specialty occupations. This visa is essential for highly skilled individuals in fields such as information technology, engineering, healthcare, and more. It helps U.S. employers address skill shortages and remain competitive globally.

Eligibility Criteria

To qualify for an H1B Visa, the applicant must meet the following requirements:

Job Offer

The applicant must have a job offer from a U.S. employer for a position that requires specialized knowledge and a higher education degree.

Educational Qualifications

The applicant must hold at least a bachelor’s degree or its equivalent in the specific field. Three years of professional experience can be considered equivalent to one year of college education.

Specialty Occupation

The job must be in a specialty occupation that requires theoretical and practical application of a body of highly specialized knowledge.

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Application Process

  • Labor Condition Application (LCA)

    The employer files an LCA with the U.S. Department of Labor (DOL) to ensure that the working conditions and wages for the H1B employee will be comparable to those of U.S. workers.

  • Form I-129

    The employer submits Form I-129, Petition for a Non-immigrant Worker, to the U.S. Citizenship and Immigration Services (USCIS) along with the approved LCA.

  • Approval Notice

    If the petition is approved, USCIS issues Form I-797, Notice of Action.

  • Visa Application

    The applicant applies for the H1B Visa at a U.S. consulate or embassy in their home country. This involves submitting Form DS-160 and attending a visa interview.

H1B Visa Cap and Lottery

Due to the high demand for H1B Visas, there is an annual cap on the number of visas issued. The current cap is 85,000 visas per fiscal year, with 65,000 for regular applicants and an additional 20,000 for applicants with advanced degrees from U.S. institutions. If the number of applications exceeds the cap, USCIS conducts a lottery to randomly select the petitions that will be processed​.

Validity and Extensions

  • Initial Period: The H1B Visa is initially granted for up to three years.
  • Extensions: It can be extended for an additional three years, for a total maximum of six years.
  • Green Card Transition: H1B visa holders can apply for employment-based green cards (EB-1, EB-2, or EB-3) and may receive extensions beyond six years if certain conditions are met​.

Benefits of the H1B Visa

  • Work Authorization: Allows foreign professionals to work in the U.S. in specialized fields.
  • Dependents: H1B visa holders can bring their spouse and children (under 21) to the U.S. under the H-4 visa category.
  • Dual Intent: H1B visa holders can apply for a green card while on the H1B visa​.

Costs Involved

  • Employer Costs

    • Filing Fees: Various fees including the USCIS Anti-Fraud Fee, Public Law Fee, and others.
    • Attorney Fees: Costs for legal assistance in preparing and filing the application.

    Employee Costs

    • Visa Application Fee: Paid at the time of applying for the visa at the U.S. consulate.
    • Premium Processing Fee: Optional, for expedited processing of the visa application​.

Tips for a Successful Application

1. Early
Preparation

Start the application process early to avoid delays.

2. Accurate Documentation

Ensure all required documents are complete and accurate.

3. Professional
Help

Consider hiring an immigration attorney to assist with the application process.

4. Stay
Informed

Keep up-to-date with any changes in visa policies or requirements​.